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A pedestrian sustained injuries after being hit by a vehicle at a busy downtown Windsor intersection Tuesday afternoon.
The collision occurred during the lunch hour at Chatham Street East and Goyeau Street. Windsor Police investigated and laid charges against the motorist involved.
What Happened at the Intersection in Downtown Windsor
The incident took place around 12:30 p.m. on Tuesday. A vehicle struck a pedestrian at the intersection. According to a local news report, the pedestrian sustained minor injuries and is recovering.
Following their investigation, Windsor Police charged the driver with Turn Not in Safety under Ontario’s Highway Traffic Act.
What Are “Turn Not in Safety” Violations?
Turn Not in Safety is a specific Highway Traffic Act offence that applies when a driver makes a turn without first making sure it can be completed safely. This violation recognises that drivers bear responsibility for checking their surroundings — including pedestrians in crosswalks or intersection areas — before executing turns.
At busy downtown intersections like Chatham and Goyeau, pedestrian traffic is constant throughout the day. Drivers making turns must watch for people crossing legally, even when they have a green light or right of way for the turn itself.
When drivers fail to yield to pedestrians who have the right of way, the results can range from minor injuries to catastrophic harm. The force of a vehicle striking a person on foot—even at lower speeds—can cause serious damage.
Why Downtown Intersections Present Unique Pedestrian Risks
Downtown Windsor sees heavy pedestrian traffic, particularly during business hours when workers are moving between buildings, heading to lunch, or running errands. The concentration of office buildings, restaurants, shops, and services means constant and higher foot traffic across intersections.
Several factors make downtown intersections hazardous for pedestrians, including:
- Drivers turning right who focus on approaching traffic but fail to check for pedestrians crossing from the right
- Left-turning drivers who rush through yellow lights or gaps in traffic without properly scanning for people in the crosswalk.
- Parked cars, delivery vehicles, and other obstructions that block drivers’ views of pedestrians stepping into crosswalks.
When drivers make unsafe turns, they violate their legal duty to avoid causing harm to others by adhering to basic road safety.
Who May Be Held Liable After a Pedestrian is Struck by a Vehicle?
A driver who strikes a pedestrian is often the primary liable party. However, other parties, including the pedestrian, may bear some responsibility as well.
Parties who may share liability for a pedestrian crash include:
- The Driver: Motorists who make unsafe turns, fail to yield to pedestrians in crosswalks, drive while distracted, or violate other traffic laws typically bear primary liability for resulting injuries.
- Vehicle Owner: If the driver was operating someone else’s vehicle, the registered owner may be held vicariously liable under Ontario law, particularly if they permitted an unqualified or unsafe driver to use their vehicle.
- Employer: When the collision occurs during work hours or while the driver is using a company vehicle, the employer may be held liable for the employee’s negligent actions.
- Municipality: Rarely, poor intersection design, malfunctioning traffic signals, faded crosswalk markings, or inadequate pedestrian crossing times may contribute to collisions. The municipality responsible for maintaining that intersection may share liability.
- The Pedestrian: While drivers are held to a higher duty of care, pedestrians still share a responsibility for helping to maintain road safety. T/his includes checking for traffic before stepping into the road — even in designated crossing areas.
Frequently Asked Questions About Pedestrian Accident Claims
What should I do immediately after being hit by a car as a pedestrian?
Call 911 immediately and stay where you are unless you are in immediate danger. Let emergency responders assess your injuries, document the scene, and transport you for medical care. Moving around or attempting to gather evidence yourself could worsen your injuries or create additional risks.
Can I pursue compensation if I was jaywalking or crossed against the light?
Yes. Ontario follows a contributory negligence system, meaning your compensation may be reduced based on your percentage of fault, but you can still pursue a claim if the driver’s negligence contributed to the collision.
What if the driver says they didn’t see me?
Drivers have a legal duty to watch for pedestrians, and “I didn’t see them” is rarely a valid defence. Police investigation and witness statements help establish what actually happened and whether the driver met their legal obligations.
What compensation might be available after being struck as a pedestrian?
You may seek compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and permanent impairment depending on your injuries. The specific amount depends on the severity of your injuries and how they affect your life.
How long do I have to file a claim in Ontario?
You generally have two years from the collision date to file a claim. Missing this deadline can permanently bar you from seeking compensation, so consult a lawyer promptly.
Contact Our Experienced Personal Injury Lawyers in Windsor
If you were injured as a pedestrian in a collision in Windsor, Ontario, you need legal representation that understands the serious impact these incidents have on victims’ lives.
At Greg Monforton & Partners, our knowledgeable car accident lawyers in Windsor have extensive experience helping pedestrian accident victims recover compensation for medical expenses, lost income, pain and suffering, and other damages.
We thoroughly investigate the crash that injured you. We also gather evidence to support your case — including police reports and witness statements, work with medical experts to document your injuries, and pursue maximum compensation on your behalf.
We offer free consultations, and there are no upfront fees – you only pay if we successfully recover compensation for you.
Call Greg Monforton & Partners today to request a FREE case review. (866) 320-4770
